BILL ANALYSIS �
AB 83
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Date of Hearing: April 4, 2011
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 83 (Jeffries) - As Introduced: January 5, 2011
SUBJECT : California Environmental Quality Act: exemption
SUMMARY : Establishes an exemption from the California
Environmental Quality Act (CEQA) for installation of new
recycled water pipelines less than eight miles in length.
EXISTING LAW , CEQA, requires lead agencies with the principal
responsibility for carrying out or approving a proposed project
to prepare a negative declaration, mitigated negative
declaration, or environmental impact report (EIR) for this
action, unless the project is exempt from CEQA. CEQA includes
an exemption for any pipeline project less than one mile in
length within a public street, highway, or right-of-way, as well
as a limited exemption for a project involving an existing
intrastate liquid pipeline subject to the Pipeline Safety Act if
the project is less than eight miles in length.
THIS BILL :
1)Exempts from review under CEQA installation of a new recycled
water pipeline less than eight miles in length within a paved
public street, highway, or right-of-way.
2)Provides that the bill does not limit an obligation to conduct
a study for a pipeline project, including a traffic study,
pursuant to other law.
FISCAL EFFECT : Unknown
COMMENTS :
Background. CEQA provides a process for evaluating the
environmental effects of applicable projects undertaken or
approved by public agencies. If a project is not exempt from
CEQA, an initial study is prepared to determine whether the
project may have a significant effect on the environment. If
the initial study shows that there would not be a significant
effect on the environment, the lead agency must prepare a
negative declaration. If the initial study shows that the
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project may have a significant effect on the environment, the
lead agency must prepare an EIR.
Generally, an EIR must accurately describe the proposed project,
identify and analyze each significant environmental impact
expected to result from the proposed project, identify
mitigation measures to reduce those impacts to the extent
feasible, and evaluate a range of reasonable alternatives to the
proposed project. Prior to approving any project that has
received environmental review, an agency must make certain
findings. If mitigation measures are required or incorporated
into a project, the agency must adopt a reporting or monitoring
program to ensure compliance with those measures.
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If a mitigation measure would cause one or more significant
effects in addition to those that would be caused by the
proposed project, the effects of the mitigation measure must be
discussed but in less detail than the significant effects of the
proposed project.
CEQA and pipelines. CEQA includes limited exemptions for
relatively small-scale pipeline maintenance and installation
projects. A general exemption is available for projects under
one mile in length. A more specific exemption is available for
projects up to eight miles in length involving maintenance and
replacement, but not expansion, of pipelines regulated under the
Pipeline Safety Act (e.g. petroleum pipelines).
This bill would establish an exemption for water pipeline
projects less than eight miles in length. According to the
author, the exemption is intended to reduce costs associated
with environmental review and expedite projects.
REGISTERED SUPPORT / OPPOSITION :
Support
Associated Builders and Contractors of California
Association of California Water Agencies
California Association of Sanitation Agencies
California Chamber of Commerce
Eastern Municipal Water District
Western Municipal Water District
Opposition
Audubon California
California Coastal Protection Network
California League of Conservation Voters
California Native Plant Society
Forests Forever
Natural Resources Defense Council
Planning and Conservation League
Physicians for Social Responsibility
Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916)
319-2092
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